using minifiler™ to solve a cold case homicide
TRANSCRIPT
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San Diego Police Department Crime Laboratory
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805 & PALM AVE
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Discovery of the bodies
Palm Ave
I-805
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Discovery of the bodies
Palm Ave
I-805
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Saturday Morning –
September 25, 1993
The victims were lying by a smoldering fire pit.
They did not have any identification on them.
One of the victims (ELLIS) had a ball cap with the name “USS Constellation” on it. Underneath the bill was printed the name “ELLIS.”
COMBS
ELLIS
COMBS
ELLIS
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ELLIS
COMBS
CAMERA
USS Constellation
Hat
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Results of Autopsy: COMBS
Two bullet wounds to the
left side of his head.
One bullet wound in the
left of his back.
Bullet Wounds Bullet Wound
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Results of Autopsy: ELLIS
Bullet
wound on
left side of
torso, left
side of head,
and a
contact
bullet
wound on
left side of
forehead.
Bullet Wound Bullet Wound
Bullet Wound Exit Wound
Abrasion
Abrasion
Abrasion
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USS Constellation
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KEITH COMBS 23 year old from Ohio
Married to Lisa Combs
Machinist Mate in the US
Navy assigned to USS
Constellation on North Island
Living aboard the ship, wife
in Philadelphia, PA
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EUGENE “CLIFF” ELLIS 20 year old from Mississippi
Engaged to Lucy HARDY, a
sophomore at Mississippi State
Machinist Mate in the US Navy
assigned to USS Constellation
on North Island
Living aboard the ship
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Time Line – September 24, 1993
Some time between 5:00-5:30 pm, ELLIS and COMBS meet up with
friends POPE and MILLIGAN at the barracks.
They drive there in ELLIS’ 1993 White Toyota 4x4 pick-up truck and get to
the Palm and I-805 area around 7:00-7:30pm. They build a fire, drink their
beer and hang out till 11:00 pm.
COMBS POPE MILLIGAN
ELLIS
POPE
MILLIGAN
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COMBS with ELLIS’ Truck
MILLIGAN POPE
MILLIGAN POPE
Photos recovered
from Combs’ camera
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Time Line 0130 – 0500 9/25/1993 Early Saturday morning, after the bar
“Anchors and Spurs” closed, a large crowd of bar patrons went to 805 and Palm to build a bonfire and continue partying.
A group of about 30 - 50 people, mostly all USN, had gathered at one bonfire at 0130.
Ellis and Combs were seen at this bonfire between 0130 and 0500.
Their bodies were discovered at 0745hrs.
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SCENE PROCESSING: Items of evidence from the crime scene were processed
for fingerprints, 13 prints were found.
These prints did not match either of the victims. They
were run through AFIS with no hits. These prints still
remain to be identified.
Beer bottles/soda cans found at the scene did not
contain usable fingerprints.
The casings found at the scene were all .22 caliber and
fired from the same weapon.
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On 9/29/93, 17-year old Leopoldo CHAVEZ, was stopped while driving ELLIS’ truck in Baja California.
The State Judicial police determined the vehicle was stolen. Chavez taken into custody.
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CHAVEZ was a documented Otay Mesa gang member and went by the moniker “Weasel.”
CHAVEZ would not talk to SDPD and was charged with auto theft in Mexico, but extradited back to San Diego on an unrelated Juvenile Court warrant for escaping from Juvenile Hall.
CHAVEZ was brought to SDPD on 10/7/93, but again exercised his right to silence.
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TRUCK PROCESSING Several fingerprints from the truck matched
to CHAVEZ.
Items of evidence were collected included 1
bottle, 1 cup, clothing, a bandage, etc.
Red Cup
Bottle
Clothes & Bandage
Fingerprints
Fingerprints in Door Jam
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INVESTIGATION OF CHAVEZ Three witnesses identified CHAVEZ from a photo line-up as being in the area just prior to the victims being killed.
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WHY THE CASE WENT COLD
At the time a search warrant of CHAVEZ’ family’s residence in
Tijuana was requested but was denied by Mexican Judicial
Police.
No physical evidence (including fingerprints) linked CHAVEZ to
the scene and no other viable suspects could be identified.
The Juvenile DDA and Superior Court DDA assigned to see if
the case could be issued along with escape charges against
CHAVEZ decided there was insufficient evidence to charge
CHAVEZ at that time.
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SUBSEQUENT INVESTIGATION Case reviewed in 2000 by SDPD and inactivated in
2001. In 2002 the case was reviewed by NCIS. Their case was also inactivated.
In 2009 a review of the case at the SDPD by NCIS Special Agent Kim Tedesco lead to a request to the SDPD Laboratory for DNA examination of various items of evidence from the crime scene.
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Cigarette Butt
Heineken
Sprite Can
Cigarette Butt
Coors Lite Bottle Pepsi Bottle
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Clothing Exam
Combs’ clothing
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A single swab was used
to swab all four pockets
from Combs’ jeans.
A second swab was
used to swab all four
pockets from Ellis’
jeans.
USS Constellation
hat
Ellis’ clothing
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Evidence from Ellis’ truck
The red cup, juice bottle, and
bandage from the victim’s truck
were analyzed for DNA.
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The age of the case and storage
conditions of the evidence meant that
degradation was a potential factor.
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Samples were analyzed
with Identifiler while leaving
sufficient to be retested (if
needed) with Minifiler.
If the concentration of a
sample was such that only
a single amplification was
possible only Minifiler was
attempted.
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Analytical Summary
Item Identifiler Minifiler
7 – Cigarette butt X X
8 – Cigarette butt X X
9 – Sprite can X
10 – Heineken beer bottle X
11 – Pepsi bottle X
12 – Coors Light bottle X X
24 – Comb’s pants pockets X
33 – Ellis pants pockets X
42A – Red cup from truck X
42B – Juice bottle X
43A - Bandage X
43A-1 – Bloodstain from bandage X
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7 - Cigarette butt
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7 - Cigarette butt
Minifiler
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12 – Coors Light Bottle
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12 – Coors Light Bottle
Minifiler
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8 – Cigarette butt
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8 – Cigarette butt
Minifiler
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42 – Red cup from Ellis truck
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24 – Combs’ pants pockets
Minifiler
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In January 2010, the lab was advised of a CODIS hit on the DNA profile from the cigarette butt found between the two victims and the pants pocket of COMBS. That hit was to CHAVEZ.
The second DNA profile (from the cigarette butt) still had an unidentified male DNA profile that yielded no hits in CODIS.
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FOLLOW-UP INVESTIGATION
CHAVEZ stated he had found ELLIS' truck in Tijuana, Mexico and took it for a joy ride. CHAVEZ stated he had never been to I-805 and Palm Avenue and had never fired a firearm.
CHAVEZ was extradited to San Diego on 10/15/10 and arraigned at the San Diego Juvenile Court on 10/19/10.
DMV PHOTO 3/18/02
ARREST PHOTO 7/7/10
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CURRENT INVESTIGATION: WITNESSES
CHAVEZ’ brother “Bandit” had
bragged to HEDDERSON
about how “Weasel” killed the
two sailors at 805 and Palm
Ave.
“Weasel” had also showed
HEDDERSON three firearms
he had in his possession.
John HEDDERSON
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FURTHER INVESTIGATION
On January 11, 2011 the results from the latent print analysis which was done on the case identified CHAVEZ and Edward ELIAS, as leaving several prints in ELLIS’ vehicle.
ELIAS ARREST PHOTO 1999 ELIAS JUVENILE PHOTO
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EDWARD ELIAS “LAZY”
ELIAS voluntarily provided
his DNA which was analyzed
by the SDPD Lab and
compared to the unidentified
DNA recovered from the
crime scene.
ELIAS’ DNA is the
unidentified DNA in the
mixture with CHAVEZ’s DNA
found on both the cigarette
butt at the crime scene and
on a cup in ELLIS’ vehicle.
ELIAS PHOTO 1/25/11
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PROSECUTION
The trial for CHAVEZ and ELIAS was held in March
2012.
On March 26, 2012, the jury returned a verdict of
guilty on all charges against both CHAVEZ and
ELIAS.
On May 11, 2012, CHAVEZ and ELIAS were both
sentenced to two consecutive life sentences without
the possibility of parole.
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Acknowledgements
NCIS Special Agent Kim Tedesco of the SDPD Cold Case Homicide Team
and
Deputy District Attorney Andrea Freshwater of the San Diego District Attorney’s Office
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QUESTIONS
KEITH COMBS EUGENE “CLIFF” ELLIS